Dukes et al v. Wal-Mart Stores, Inc.

Filing 760

ORDER by Judge Charles R. Breyer granting in part # 740 Motion to Extend Tolling. (crblc2, COURT STAFF) (Filed on 8/19/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 BETTY DUKES, et al., 12 Plaintiffs, 13 14 No. C 01-02252 CRB ORDER GRANTING IN PART PLAINTIFFS’ MOTION TO EXTEND TOLLING OF THE STATUTE OF LIMITATIONS v. WAL-MART STORES, INC., 15 Defendant. / 16 The Court hereby orders that Plaintiffs’ Motion to Extend Tolling of the Statute of 17 18 Limitations is GRANTED in part. Specifically, the Court will extend the tolling period 19 awarded to former class members under American Pipe and Construction Co. v. Utah, 414 20 U.S. 538, 554 (1974) for a limited time, and below the Court sets forth the dates by which 21 former class members must take action. The Court is granting this limited period of 22 additional tolling in the interest of justice and to avoid any confusion that might exist among 23 former class members regarding when the time limit for them to take action expires. 24 All former class members who have an EEOC notice to sue shall have until October 25 28, 2011 to file suit. All former class members who have never filed an EEOC charge shall 26 have until January 27, 2012 to file charges with the EEOC in those states with 180 day limits 27 // 28 // // 1 2 and until May 25, 2012 to file charges with the EEOC in those states with 300 day limits. IT IS SO ORDERED. 3 4 5 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: July 25, 2011 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2001\2252\Order re tolling.wpd 2

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